Extreme Sports and Assumption of Risk

Ted at Overlawyered points out a case arising out of Hawaii, where a newlywed disappeared while kayaking, and her husband filed a lawsuit against the rental company, Extreme Sports Hawaii. The husband claimed that the couples were caught in strong winds and were taken out to sea, where a shark attacked and killed his wife. Many questioned the claim, though, as her life jacket was found, unbuckled and with no rips or tears, there was no damage to the kayak, and both oars were found on shore (one propped up against the rocks). (Song & Kubota,...

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Supreme Court Broadens the Scope of Title IX

Those that were concerned about the reach of Title IX in the wake of last week's Policy Clarification (here, here, here) can rejoice today. The Supreme Court held today, with Justice O'Connor writing, that Title IX not only protects girls and women who might be victims of discrimination, but also those who seek to enforce its guarantee of equal treatment. In Jackson v. Birmingham BOE, the Court ruled that a male high school basketball coach that was fired for complaining about the lack of funding for his women's team should be able to bring a lawsuit...

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Supreme Court Decision on Title IX

The Supreme Court ruled today in Jackson v. City of Birmingham that a teacher who is disciplined after complaining about gender discrimination can bring a retaliation claim under Title IX. The decision was 5-4, with Justice O'Connor writing the majority opinion.I will have more on this landmark case later in the d...

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Greek Duo Cleared of Drug Charges

In another bizarre twist to a bizarre story, the two Greek athletes that skipped town on the eve of the Olympic Games, presumably to avoid a drug test, have now been cleared of any wrongdoing by the Greek Athletics Federation, an independent tribunal. [The two athletes] had been charged with avoiding drug tests in Tel Aviv, Chicago and Athens and failing to notify anti-doping officials of their whereabouts before the Olympics.They withdrew from the Olympics after missing a drugs test at the Olympic Village on 12 August. The pair then spent four...

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The Next Generation of Baseball Cheating?

The results of Congress's hearings into steroid use in baseball continue to grow. Baseball has re-worked its new drug enforcement policy so that it now mandates suspension. Barry Bonds, besieged by both questions and injuries, may not play this season. Mark McGwire, once considered a lock as a first-ballot Hall of Famer, is now facing critics who say he does not belong there at all.But steroids may not be the worst form of cheating that baseball will see. As Wired Magazine discusses, innovations in medicine and technology may produce a new form...

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Playing Pepper: Fast and Furious Headlines

A California jury has ordered former NFL linebacker Bill Romanowski to pay ex-teammate Marcus Williams $340,000 for a punch delivered during practice that ended Williams's career.Mickey Mantle's widow has sued (scroll down) a maker of baseball bats, claiming the company made a limited edition bat bearing the ex-Yankee's name and likeness without her permission. The suit alleges trademark violations and asks for $75,000.A man in Arkansas was arrested for drunken cycling (the actual charge was for public intoxication). No word on whether his Schwinn...

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Jets Sue Madison Square Garden

"The New York Jets have sued the owner of Madison Square Garden, claiming it holds a monopoly over major events. The lawsuit claims Cablevision Systems Corp. – the Garden's owner and an opponent of a proposed stadium for the Jets in Manhattan – took steps to exclude any competition, resulting in fewer choices and higher ticket prices for New York fans. It also claims Cablevision has spent millions of dollars on a 'false and misleading disinformation campaign' against the stadium and denied the Jets a chance to 'set the record straight' for New...

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ESPN Accused of Wrongfully Terminating Pregnant Broadcaster

Luz Ramos, formerly a commentator on ESPN Deportes, has filed a wrongful termination suit against ESPN, claiming that the network let her go because she was pregnant. Ramos asserts that she consistently received positive reviews up until she became visibly pregnant, after which she received negative reviews, ultimately prompting ESPN to decline her contract renewal. Her claim is under Title VII, and she seeks reinstatement to her job and damages. ESPN disputes the claim, noting how SportsCenter personality Chris McKendry worked throughout her recent...

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State High Court Reinstates $94M Award for Deaths at Miller Park

The Wisconsin Supreme Court has reversed a state appellate court and reinstated a $94 million punitive damages award to the families of three men killed during the construction of Miller Park. The defendant in the case is Mitsubishi Heavy Industries, that built and provided the crane that collapsed in swirling winds, causing the men to fall to their deaths.The state appellate court ruled that the state legislature had intended to limit punitive damages to cases where a defendant acted with malice or intent to harm. The jury found neither with respect...

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D-minus? That's Going on the Fridge!

From Opinion Journal: Right now, students in Atchison County, Kan., need a C average in order to participate in extracurricular activities. As of next year, however, even a D-minus average will be good enough. A district school board in northeastern Kansas voted last week to lower its threshold after asserting that efforts to determine eligibility under the C rule were distracting teachers from their job of helping pupils learn.I'm sorry -- distracting how? Are the distractions coming from coaches pressuring teachers to give their star athletes...

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Title IX: A Step Towards Less Regulation?

The mainstream media has gotten word of the Title IX story and has begun writing on it. Juan Non-Volokh has comments and Women's Hoops, which has a number of great links on the story, quotes from this USA Today article:Cary Groth, the athletics director at Nevada-Reno, was another of the 15 Title IX commissioners. She recounted a story from the commission hearings that she said was "staggering." The Illinois high school athletic association said it sent out surveys asking girls if they would be interested in playing volleyball. The surveys came...

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Plaintiff in NCAA Antitrust Suit Seeks Class Certification

Last May, a former football player at the University of Washington filed a lawsuit against the NCAA, claiming that the association's rule limiting football teams to 85 scholarships per season was a restraint of trade in violation of antitrust laws. An earlier post contains my analysis of why his suit is destined to fail.Now, he has filed a motion for his lawsuit to be declared a class action. This is a key juncture in the suit: if the court denies class status, then it will probably not be economical for a single plaintiff to continue. The damage...

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Who Owns the NASCAR Trophy?

Kurt Busch, right? After all, he won the 2004 Nextel Cup and took home the trophy. But no, the more pressing issue is who owns the copyright in the trophy: NASCAR, the Franklin Mint (whom NASCAR asked to design the trophy), or the independent contractor that actually completed the design?According to a federal district court, it is NASCAR. The contractor had claimed that since his work went into the drawing and that he had no written agreement granting the rights in his work to NASCAR, the stock-car racing association could not prevent him from...

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More on Title IX: Much Ado About Nothing?

Today has brought some new criticisms of the Title IX clarification issued last week (see earlier post). Most notably, NCAA president Myles Brand has come out against the new regulations. In addition, the Feminist Majority and other women's rights groups have come out against the bill. The people at Inside Higher Education have excellent articles on the clarification and the debate.The focus of most criticisms, though, seems to be centered not on what the clarification actually does, but (1) how it was enacted and (2) problems that might arise...

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Boston Mayor to Red Sox: Thanks for Everything, Here's No Money

You have to love the city of Boston. It had no trouble pouring billions of dollars (somewhere between 14 and 18) into the Big Dig, a disastrous tunneling project that will not greatly alleviate traffic congestion and that has already been shown to be full of leaks. But when it comes to supporting the worshiped Red Sox, the team that has pumped countless dollars into the city and the area around Fenway Park, the city says, "No thanks."Boston mayor Thomas Menino did not even wait for the team's owners to ask for money (they were not planning to do...

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Are Black NBA Coaches Fired Sooner Because of Their Race?

David Leonhardt and Ford Fessenden have an intriguing piece in today’s New York Times concerning black coaches in the NBA. Their two core findings are as follows:Over the last decade, black N.B.A. coaches have lasted an average of just 1.6 seasons, compared with 2.4 seasons for white coaches. That means the typical white coach lasts almost 50 percent longer and has most of an extra season to prove himself.The pattern holds in almost any important category of coaches. Winning black coaches have been replaced sooner than winning white coaches on...

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Title IX Returns to a Three-Part Test

In 1979, the federal government issued a policy statement intended to clarify how an educational institution could comply with Title IX in regard to athletics. Under the directive, which has been reaffirmed on two occasions in the intervening years, a school can show compliance with Title IX by:(1) having the percentages of male and female athletes substantially proportionate to the percentage of male and female students enrolled at the college;(2) having a history and continuing practice of expanding participation opportunities for the underrepresented...

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Red Sox to Stay in Fenway

Ending years of political debate and speculation, the Red Sox have announced that the team will remain at Fenway Park in the near future, rather than try to build a new stadium. The team will assist in the revitalization of the area around Fenway, rather than trying to deal with a citizenry that, in the wake of the $14 billion Big Dig, is wary of any publicly-funded projects.Hopefully, the gentlemen at the Sports Economist can comment on another reason the team feels secure in Fenway: the park's small size. The lack of seats meant that last year...

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Group Sues Over Illinois Mascot

A year just would not be complete without a debate over Native American Indian mascots. Last year, it was Iowa's ironic policy not to play teams with Native American nicknames (even though the University of Iowa's mascot, the Hawkeyes, is in fact a reference to Indian leader Chief Black Hawk). This year, a group has filed suit against the University of Illinois, claiming that its mascot, Chief Illiniwek, violates state laws protecting equal rights and preventing discrimination. The problems with the mascot are apparent, as a few vocal protests...

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Sports, Technology and Law: Do Leagues Own Statistics?The intersection of sports and technology has raised a number of legal issues. The first is: who owns player statistics? Now that fantasy sports has become a $1 billion a year industry, not surprisingly, the leagues are attempting to keep it to themselves. Major League Baseball, through its Advanced Media division, requires fantasy sports operators to obtain a license to use player statistics in their operations. Now, one such company, CDM Fantasy Sports, has sued for a declaratory injunction...

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"Students Use Sport to Hide Brains"From Australia: Young Australians are hiding their academic talents and feigning an interest in sport to avoid being ostracised by their peers, researchers have found."If you're academically gifted and inept at sport, you are seen as a double nerd," said Miraca Gross, of the University of New South Wales. Since 1983 she has tracked 60 exceptionally gifted students and documented their study, work and social lives. Many such pupils sacrificed their school results to gain acceptance.Great, now there's a name for...

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Can You Trust Us Now? Baseball Closes Steroid LoopholeIt seems that Congress (motto: If it won't win us votes, we're not interested) actually accomplished something in last Thursday's hearings. Baseball has closed the "unintentional" loophole in its steroid policy and now mandates a suspension following any positive test for banned performance-enhancing drugs. Undoubtedly, this is good for the game.I also join Mike in agreeing with Senator McCain: the collective bargaining processes of the league and players association will not result in the best...

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Senator McCain: Major League Baseball "Can't Be Trusted" & Mark McGwire Needs a New LawyerEarlier today, on ABC's "This Week", Senator John McCain (R-AZ) had some harsh words for both MLB and Mark McGwire's attorney:"It just seems to me they can't be trusted . . . [W]hat this highlighted was the absolute insensitivity of both the owners and the players to the American people . . . What do we need to do? It seems to me that we ought to seriously consider a law that says all professional sports have a minimum level of performance-enhancing drug...

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NCAA to Consider Banning Use of Athletes' Names, Likenesses in Video GamesUnder a proposed bylaw, institutions, conferences, and the NCAA would be prohibited from using the names or likenesses of individual student-athletes on retail products, including video games.From a technical standpoint, the bylaw wouldn't appear to change all that much in the video game industry. Currently, in basketball and football video games, college athletes appear at their appropriate positions, along with their appropriate jersey numbers, and their video game images...

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More on the Legality of Tournament PoolsDarren Rovell discusses how many executives in the sports business avoid participating in NCAA tournament pools. "Anyone involved in sports from the business side needs to be careful about office pools," said Tony Ponturo, vice president of global media and sports marketing for Anheuser-Busch. "In our office, the office pool is a fun thing to do for those who aren't closely attached to the sport. But for those of us who are very close, it could be more of an issue. For someone who is involved as close as...

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More on the Steroid HearingsI did not get to see as much coverage of the congressional hearings as I would have liked. The combination of work to do and great basketball meant that I caught only bits and pieces. Thankfully, though, Mike has some great insights (below), as do John at Only Baseball Matters and David at Baseball Musings.From the parts that I saw, along with what I have read, it seems that the hearings accomplished very little. There apparently is no bill being proposed, and other than the congressmen involved getting some publicity,...

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Quick Thoughts on Today’s Steroids Hearings & PlayersFirst off, I didn’t see the first panel which apparently included gripping testimony from the parents of children who died due to use of steroids. I did, however, watch the baseball players’ panel, and below are my reactions to how the players did:Mark McGwire: May have been better off going to jail than showing up for this beating. He kept saying, “I’m retired. I’m not here to talk about the past. I’m here to bring a positive message for the future.” He refused to answer any questions pertaining...

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43 out of 65 Men's Teams in March Madness Fail to Graduate Even Half of Their PlayersA study released this week by Dr. Richard Lapchick of the University of Central Florida reveals that 65 percent of participating schools in the NCAA Tournament fail to graduate even half of their players. The study was based on the 2004 NCAA Graduation Rates Report, which also indicated that two schools, Louisiana State University and the University of Minnesota, failed to graduate even one player on their men's basketball teams.Such data isn't entirely surprising,...

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Is Your NCCA Tournament Pool Illegal?March used to mean something other than basketball, but trademark lawyers took care of that. Now, it is official — March means “March Madness,” and “March Madness” means basketball. At no other point does the entire country become as consumed over a sporting event than during the last two weeks of March. Workers across the country use ALT + TAB with abandon to check scores and statistics; smarter workers save their sick days for the “flu” they just know will be coming during this time of year. People everywhere...

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UPDATE: Baseball and SteroidsThere is simply too much out there on the potential congressional hearings to try and keep up. To summarize, Congress is going forward with the hearings, has subpoenaed the players, and as expected, has threatened baseball with the loss of its antitrust exemption and tax exemption, if it does not comply. Are the legislatures in charge of this grandstanding? Or are they doing the nation a great service? I leave the decision with you.For more on this, Only Baseball Matters has excellent coverage (here, here, and here).One...

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School Bans Soccer Due to Legal FearsIn a decision that I am afraid will soon be repeated in the United States, a group of Scottish schools has banned after-school soccer programs because of potential legal liability. Nineteen schools have introduced the ban across the county after advice from the local council. They were banned because volunteer coaches were not covered by the schools' insurance schemes for after-class games. *** The only teams to continue playing will be those coached by teachers, who are covered by council insurance.Interscholastic...

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Bridgestone Sues Titleist Over Golf Ball PatentFrom PGA.com: In what could become a major battle between two golf ball powerhouses, Bridgestone Sports Co., Ltd., and its wholly owned subsidiary, Bridgestone Golf, Inc., have filed a patent infringement lawsuit against the Acushnet Company, the parent of the Titleist and Pinnacle golf ball brands, in the U.S. District Court for the District of Delaware.In its complaint, Bridgestone charges Acushnet with "willful infringement" of 10 U.S. patents from Bridgestone Sports' patent portfolio covering multi-piece...

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Broken RSS FeedMy RSS feed does not seem to be working. It keeps pinging the same post from December. Does anyone have any suggestions on how to repair it? Many than...

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Tice Gets ScalpedMike Tice admitted last week to scalping his Super Bowl tickets this year, selling the $500 tickets for $1900. He has certainly violated the NFL rule against scalping and may face a hefty punishment, including suspension or a fine. He could also be fired by the Vikings. In addition, Tice may have violated Minnesota Statute s609.805, which makes it a misdemeanor to "Sell[] or offer[] to sell a ticket to an event at a price greater than that charged at the place of admission or printed on the ticket."My question: Why? Tice made $750,000...

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Debate on Liability for On-Field Actions:There is a great debate going on in the comments of this previous post, about the proper place of legal regimes for on-field activities. A key question -- what is "part of the gam...

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UPDATE: Mighty Casey Goes to Washington:So, the battle between baseball and Congress continues, but it may not be much of a battle, after all. People have lined up on both sides, some praising Congress for taking the initiative to clean up baseball, others crying foul for legislators interfering where they should not, in the stead of more pressing national concerns. Curt Schilling, Frank Thomas and Jose Canseco have agreed to testify, as have Donald Fehr and Rob Manfred, the union chief and baseball's executive vice president, respectively.Baseball...

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Baseball vs. Congress: The Showdown LoomsThere is a steroid problem in this country, and professional baseball is partly to blame. This is what Congress would have you believe, as it has issued subpoenas to 11 individuals involved with Major League Baseball, including Mark McGwire, Curt Schilling and Bud Selig. The subpoenas, which require the players to testify before Congress or face possible contempt charges, come on the heels of the same individuals declining "invitations" to appear before the House Government Reform Committee.Major League...

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Baseball: The Grass Is GreenerGood news via the New York Times. For the first time since the Astrodome was built in 1966 (trivia question: who hit the first homerun in the Astrodome?), all National League teams will play their home games on natural grass. The last artificial turf park in the NL was Olympic Stadium in Montreal -- now, the only plastic fields left are in Minnesota, Tampa and Toronto.AstroTurf (named after the Houston Astros and the Astrodome, where it was first installed) was hailed at the time of its inception as a suitable alternative...

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Neuheisel Settles with NCAA for $4.7 MillionOn Monday, former University of Washington head coach Rick Neuheisel settled his wrongful termination lawsuit against the university and the NCAA for $4.7 million. Neuheisel said that he is 'vindicated' by the settlement; the NCAA says it paid largely because of a technical violation, not because it was wrong on the merits. So what should we take out of this whole mess?The first is that the NCAA got a dose of its own medicine. Admittedly, the NCAA does not have an easy task in managing intercollegiate...

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UPDATE: Pistons-Pacers BrawlI still cannot believe that fans are allowed to rush the court after college basketball games in the wake of the Pistons-Pacers brawl. Sadly, I feel it is only a matter of time before an altercation ensues. The only reason it hasn't happened yet (and the reason it may not) is because college arenas do not sell alcohol.NBA teams, on the other hand, have set out to prove that arenas can have effective security to control exuberant crowds. After hiring consultants and working for two months, the league has revised its arena...

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